02/06/2008 Easement
-
T-H-C::
Improving Your Community
November 26, 2008
Mr. Danny 1. Kolhage
Clerk of Court
500 Whitehead Street
Key West, FL 33040
V'j/o."
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RE: Key West International Airport's Noise Insulation Program - Phase 6
Recording of Avigation Easements (2nd Batch)
Sent via Deborah Murphy at URS Corporation
Dear Mr. Kolhage,
Enclosed are A vigation Easements for twenty six (26) participating properties in Phase 6 of the
Key West NIP. The detailed calculation of the cost below is based upon the $10.00 fee for
recording the first page, the $8.50 fee for each additional page(s) and the $0.70 fee for the
document stamp.
Additional Doc.
Parcel No. of First Page Stamp Total per
No. Address Ownerls) Pa..es Pa..e Fee Fee(s) Fee Parcel
69370 3007 Riviera Dr. Battv 4 $10.00 $25.50 $0.70 $36.20
69790 2938 Riviera Dr. Bumohv 4 $10.00 $25.50 $0.70 $36.20
69590 3130 Riviera Dr. Cox 4 $10.00 $25.50 $0.70 $36.20
70540 1609 Jamaica Dr. Peterson 4 $10.00 $25.50 $0.70 $36.20
69690 3100 Riviera Dr. Curry 4 $10.00 $25.50 $0.70 $36.20
69130 3018 Flagler Ave. pazo 4 $10.00 $25.50 $0.70 $36.20
69340 2931 Riviera Dr. Gwynn 4 $10.00 $25.50 $0.70 $36.20
69190 2930 Flagler Ave. Perez 4 $10.00 $25.50 $0.70 $36.20
69870 2900 Riviera Dr. Hall 4 $10.00 $25.50 $0.70 $36.20
69720 3052 Riviera Dr. B1azevic 4 $10.00 $25.50 $0.70 $36.20
69120 3022 Flagler Ave. Volpian 4 $10.00 $25.50 $0.70 $36.20
69100 3030 Flagler Ave. Perez 4 $10.00 $25.50 $0.70 $36.20
69490 3210 Riviera Dr. Blaesing 5 $10.00 $34.00 $0.70 $44.70
1913 Seidenberg
47290 Ave. (Units A & B) Perez 5 $10.00 $34.00 $0.70 $44.70
63930 1501 4ID St. Avendano 5 $10.00 $34.00 $0.70 $44.70
70520 1617 Jamaica Dr. WallaceNasquez 5 $10.00 $34.00 $0.70 $44.70
63680 1507 5ID St. Mullallv 5 $10.00 $34.00 $0.70 $44.70
69110 3026 Flagler Ave. Figueroa 5 $10.00 $34.00 $0.70 $44.70
1911 Staples Ave. SFP
46970 (Units A & B) Develooment 5 $10.00 $34.00 $0.70 $44.70
2905 Premiere Parkway Suite 325 Duluth, GA 30097
Phone 770.623.0520 Fax 770.495.2384 www.thcinc.net
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69330 2927 Riviera Dr. Valdivieso 5 $10.00 $34.00 $0.70 $44.70
69360 300 I Riviera Dr. Cook 5 $10.00 $34.00 $0.70 $44.70
69630 3122 Riviera Dr. Gallagher 5 $10.00 $34.00 $0.70 $44.70
69290 2911 Riviera Dr. Peachev 5 $10.00 $34.00 $0.70 $44.70
69260 2900 Flagler Ave. Han~er 5 $10.00 $34.00 $0.70 $44.70
69830 2920 Riviera Dr. Moreno 6 $10.00 $42.50 $0.70 $53.20
69510 3206 Riviera Dr. Lockwood 6 $10.00 $42.50 $0.70 $53.20
Enclosed is a check in the amount of $1,077.20 which is the complete total to record the above
twenty six (26) A vigation Easements. Also included with each A vigation Easement is a "Return
for Transfers of Interest in Real Property" form. Once these Easements are recorded, please send
them back to Deborah Murphy Lagos at URS Corporation.
If you need any additional information or have any questions, please contact me at (800) 408-
1112 Ext. 112 or by email athfaubertlqlthcinc.net. Thank you.
Heather P. Faubert
NIP Coordinator
Enclosure(s)
Prepared By and Return To:
Heather P. Faubert
NIP Coordinator
THC, Inc.
2905 Premiere Parkway, Suite 325
Duluth, GA 30097
Doc" 1727101 01/16/2009 11:~0AM
~o~iM ~OUN;yed DinANONfyfiLCial Records of
. KOLHAGE
Dod 1727101
Bk" 2396 Pg~ 1339
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program (NIP) - Phase 6
THI~~SEMENT AGREEMENT is entered into thi~ day of ,
20..1lC2-, by BRUCE R. WALLACE & PAULA VASQUEZ, hereinafter referred 0 as "the
Homeowner," in favor of the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
RECITALS:
A. The Homeowner is the fee simple titleholder to certain real property ("the Property")
located in Monroe County, Florida, more particularly described as follows:
KW AMENDED PLAT OF RIVIERA SHORES-FIRST ADDN PB5-88 LOT 41 OR510-
149 OR841-2109 ORl177-1Q!C OR1286-1618!19R!S OR1400- 1369(LG)
also identified as street address: 1617 JAMAICA DRIVE
B. The BOCC is the owner and operator of Key West International Airport ("the Airport").
C. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
NOW THEREFORE, for and in consideration of the sum ofTen Dollars and other valuable
considerations, the receipt and adequacy of which is hereby acknowledged by both parties,
the Homeowner and the BOCC agree as follows:
1. The Homeowner on behalf of the Homeowner and its heirs, assigns and all successors
in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors
and assigns, a perpetual avigation easement over the Property. The use of the
easement shall include the right to generate and emit noise, and to cause other effects
as may be associated with aircraft landing and taking off at the Airport. This easement
shall apply to all such aircraft activity at the Airport, with a maximum applicable noise
level as projected on the Year 2001 Noise Exposure Map, Without Program
Implementation (see attached), and it being the intent of the parties that all such Airport
activity shall be deemed to be included within the purview of this easement so long as
the noise level does not exceed the referenced maximum (Year 2001 Noise Exposure
Map, Without Program Implementation).
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00<:11 1727101
Bkll 2396 P,li 1340
2. This easement shall be perpetual in nature and shall bind and run with the title to the
Property and shall run to the benefit of the sacc or its successor in interest as owner
and operator of the Airport.
3. The Homeowner on behalf of the Homeowner, its heirs, assigns and successors in
interest, does hereby release the sacc, and any and all related parties of the sacc,
including but not limited to sacc members, officers, managers, agents, servants,
employees and lessees, from any and all claims, demands, damages, debts, liabilities,
costs, attorneys fees or causes of action of every kind or nature for which the
Homeowner or its heirs, assigns, or successors currently have, have in the past
possessed, or will in the future possess, as a result of normal Airport operations or
normal aircraft activities and noise levels related to or generated by normal Airport
activity, or may hereafter have as a result of use of this easement, including but not
limited to damage to the above-mentioned property or contiguous property due to
noise, and other effects of the normal operation of the Airport or of aircraft landing or
taking off at the Airport.
4. Should either party hereto or any of their successors or assigns in interest retain
counsel to enforce any of the provisions herein or protect its interest in any matter
arising under this Agreement, or to recover damages by reason of any alleged breach
of any provision of this Agreement, the prevailing party shall be entitled to all costs,
damages and expenses incurred including, but not limited to, attorneys fees and costs
incurred in connection therewith, including appellate action.
5. No provision of this Agreement is to be interpreted for or against any party because that
party or that party's legal representative drafted such provision. This agreement shall
be interpreted and construed according to the laws of the State of Florida.
6. No breach of any provision of this Agreement may be waived unless in writing. Waiver
of anyone breach of any provision of this Agreement shall not be deemed to be a
waiver of any other breach of the same or any other provision of this Agreement. This
Agreement may be amended only by written instrument executed by the parties in
interest at the time of the modification. In the event that anyone or more covenant,
condition or provision contained herein is held invalid, void or illegal by any court of
competent jurisdiction, the same shall be deemed severable from the remainder of this
Agreement and shall in no way affect, impair or invalidate any other provision hereof so
long as the remaining provisions do not materially alter the rights and obligations of the
parties. If such condition, covenant or other provision shall be deemed invalid due to
this scope or breadth, such covenant, condition or other provision shall be deemed
valid to the extent of the scope or breadth permitted by law.
7. In the event the Airport shall be subdivided into more than one parcel, or the Airport or
a portion thereof becomes subject to operation, management or administration by a
party in addition to or in lieu of the sacc, then and in that event the parties agree that
same shall not terminate or otherwise affect this Agreement so long as a portion of the
Airport continues to operate for standard airport flight purposes, and that any such
--p~ :4. 09 c::;
Doell 1727101
Bkll 2396 PglI 1341
successor in interest to the BOCC shall be entitled to all of the benefits running to the
BOCC hereunder.
8. If the maximum applicable noise level as projected on the Year 2003 Noise Exposure
Map, Without Program Implementation (see attached) is exceeded, then the BOCC will,
upon simple demand in writing from the Homeowner, cancel this Agreement from the
public records.
This Easement Agreement is executed as of the date first above written.
Witnesses:
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By:
VcdJ\~ ~
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"HOMEOWNER' ,
STATE OF FLORIDA
COUNTY OF
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The foregoing instrument was acknowledged before me this J.i:L.day of ~b(\)G.AJ '
20 olS' by 11.&Y"\)<::.o...~IO-<c.L .......DQ"'.l<>... \JQ:~f'~~~
Homeowne,!,) (\, -~
~~~~.
Notary Public NOTARY PUBLIC.STATE 0
My Commission EXPires~ Christine Jt~:A
Commission # 00514888
Expires: MAR. 25 2010
Bonded Thru Atlantic Bonding Co., Inc.
STATE OF FLORIDA
COUNTY OF MONROE
+1
The foregoin,Q instrumewt wa ~'*1lIII edged before me this ~ day of :J Ct,Y\ \J lL
20~ by ~~ .Q.- K. · "Mayor of the Monroe County Board of Co nty
Commissioners, a ody j . ~dBl\te.
~ /~ ~ ' 7...\"\ % n I f\.1 .J. I
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:''2:.~ #00673056 :'51::::- ~
~~'. ~lB~ Notary Public
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%;,)-~:?-~,""&~ My Commission Expires:
'III. "<file Si~1~ ~,~
'1111'miam"'\'\'l
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AVIGATION EASEMENT
Doell 1727101
Skll 2396 PIli 1342
MORTGAGEE CONSENT
(1617 Jamaica Drive, Key West, FL 33040 / Loan #20055025)
FIRST STATE BANK ("Mortgagee"), is the owner and holder of a mortgage lien upon
the property described in the foregoing easement ("the Property") pursuant to a
mortgage recorded in Official Records Book f S '7 / , Page aU 7/ ,Public
Records of Monroe County, Florida. Mortgagee hereby consents to subjecting the
Property to the terms and provisions of the foregoing easement.
Witnesses:
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Signature of Witness _
~L-{rY""\ ~.\~
Print Name of Witness
~~itn~
~~~e o!witn~NSecC{
By:
STATE BANK
As its:
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COUNTY OF Il!ol1rO ~
The foregoif1JstrurpeRt was acknowledged befQre lJle thiso?1~y of c{~ ,
200y by m.sft/lt' (; JUL. as t/K'A ff-e[/~ of FIRST
STATE BANK on behalf of the corporation. He/She is personally known to me or has
produced _ as identification and did not take n oath. If no type of
identification is indicated, the above-named person i r nail own to m .
STATE OF
~. CHRISTINAM. . WAL TERSON
$ -, p_ . 511" 01 Fiorillo
I. . "'~EIpW.Sop30.2011
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. ~. DD 719747
,,, '" Banded Through NaIianIII NaIIry Aun.
Signature of Notary Public
Chnu-hnr^-1Vl i;J!Ltlf)~
Print Name of Notary Public
I am a Notary Public of the State of F I DYI d~
My Commission Expires on Jp 0+. .30. eJ-O II
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FIGURE
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02/25/08
I URS I
page.. c::; O~ c::>
PHASING FOR THE NOISE
INSULATION PROGRAM
AND COMPATIBLE LAND USE
KEY WEST
INTERNATIONAL AIRPORT
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